Patna High CourtCR. MISC./54419/2022bail granted

Sikendra Kumar v. The State Of Bihar

2022-12-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54419 of 2022 Arising Out of PS. Case No.-129 Year-2019 Thana- BHAGWANPUR District- Begusarai ====================================================== SIKENDRA KUMAR SON OF RAMJATAN CHAURASIA R/O VILLAGEBANWARIPUR, P.S.- BHAGWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 363, 364, 366 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, this petitioner along with other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The victim in her statement u/s 164 of the Cr. P. C. has not made any specific accusation against this petitioner and stated that it was co-accused, Angul Kumar, who took her on false pretext of marriage and committed rape upon her and he kept her at different places, including the house of his Fua and aunt.

Patna High Court CR. MISC. No.54419 of 2022(2) dt.22-12-2022 2/2 There is no allegation of any sexual misconduct against this petitioner. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Begusarai in connection with Bhagwanpur PS case No. 129/ 2019, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T